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Copyright Law of the United States of America by The US Copyright Office

Part 4 out of 7

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(d) Records Relating to Death of Authors. Any person having an interest
in a copyright may at any time record in the Copyright Office a
statement of the date of death of the author of the copyrighted work, or
a statement that the author is still living on a particular date. The
statement shall identify the person filing it, the nature of that
person's interest, and the source of the information recorded, and shall
comply in form and content with requirements that the Register of
Copyrights shall prescribe by regulation. The Register shall maintain
current records of information relating to the death of authors of
copyrighted works, based on such recorded statements and, to the extent
the Register considers practicable, on data contained in any of the
records of the Copyright Office or in other reference sources.

(e) Presumption as to Author's Death. After a period of 95 years from
the year of first publication of a work, or a period of 120 years from
the year of its creation, whichever expires first, any person who
obtains from the Copyright Office a certified report that the records
provided by subsection (d) disclose nothing to indicate that the author
of the work is living, or died less than 70 years before, is entitled to
the benefit of a presumption that the author has been dead for at least
70 years. Reliance in good faith upon this presumption shall be a
complete defense to any action for infringement under this title.

Section 303. Duration of copyright: Works created but not published or
copyrighted before January 1, 1978 [5]

(a) Copyright in a work created before January 1, 1978, but not
theretofore in the public domain or copyrighted, subsists from January
1, 1978, and endures for the term provided by section 302. In no case,
however, shall the term of copyright in such a work expire before
December 31, 2002; and, if the work is published on or before December
31, 2002, the term of copyright shall not expire before December 31,
2047.

(b) The distribution before January 1, 1978, of a phonorecord shall not
for any purpose constitute a publication of the musical work embodied
therein.

Section 304. Duration of copyright: Subsisting copyrights [6]

(a) Copyrights in Their First Term on January 1, 1978.

(1)(A) Any copyright, in the first term of which is subsisting on
January 1, 1978, shall endure for 28 years from the date it was
originally secured.

(B) In the case of-

(i) any posthumous work or of any periodical, cyclopedic, or other
composite work upon which the copyright was originally secured by the
proprietor thereof, or

(ii) any work copyrighted by a corporate body (otherwise than as
assignee or licensee of the individual author) or by an employer for
whom such work is made for hire,

the proprietor of such copyright shall be entitled to a renewal and
extension of the copyright in such work for the further term of 67
years.

(C) In the case of any other copyrighted work, including a contribution
by an individual author to a periodical or to a cyclopedic or other
composite work-

(i) the author of such work, if the author is still living,

(ii) the widow, widower, or children of the author, if the author is not
living,

(iii) the author's executors, if such author, widow, widower, or
children are not living, or

(iv) the author's next of kin, in the absence of a will of the author,
shall be entitled to a renewal and extension of the copyright in such
work for a further term of 67 years.

(2)(A) At the expiration of the original term of copyright in a work
specified in paragraph (1)(B) of this subsection, the copyright shall
endure for a renewed and extended further term of 67 years, which-

(i) if an application to register a claim to such further term has been
made to the Copyright Office within 1 year before the expiration of the
original term of copyright, and the claim is registered, shall vest,
upon the beginning of such further term, in the proprietor of the
copyright who is entitled to claim the renewal of copyright at the time
the application is made; or

(ii) if no such application is made or the claim pursuant to such
application is not registered, shall vest, upon the beginning of such
further term, in the person or entity that was the proprietor of the
copyright as of the last day of the original term of copyright.

(B) At the expiration of the original term of copyright in a work
specified in paragraph (1)(C) of this subsection, the copyright shall
endure for a renewed and extended further term of 67 years, which-

(i) if an application to register a claim to such further term has been
made to the Copyright Office within 1 year before the expiration of the
original term of copyright, and the claim is registered, shall vest,
upon the beginning of such further term, in any person who is entitled
under paragraph (1)(C) to the renewal and extension of the copyright at
the time the application is made; or

(ii) if no such application is made or the claim pursuant to such
application is not registered, shall vest, upon the beginning of such
further term, in any person entitled under paragraph (1)(C), as of the
last day of the original term of copyright, to the renewal and extension
of the copyright.

(3)(A) An application to register a claim to the renewed and extended
term of copyright in a work may be made to the Copyright Office-

(i) within 1 year before the expiration of the original term of
copyright by any person entitled under paragraph (1)(B) or (C) to such
further term of 67 years; and

(ii) at any time during the renewed and extended term by any person in
whom such further term vested, under paragraph (2)(A) or (B), or by any
successor or assign of such person, if the application is made in the
name of such person.

(B) Such an application is not a condition of the renewal and extension
of the copyright in a work for a further term of 67 years.

(4)(A) If an application to register a claim to the renewed and extended
term of copyright in a work is not made within 1 year before the
expiration of the original term of copyright in a work, or if the claim
pursuant to such application is not registered, then a derivative work
prepared under authority of a grant of a transfer or license of the
copyright that is made before the expiration of the original term of
copyright may continue to be used under the terms of the grant during
the renewed and extended term of copyright without infringing the
copyright, except that such use does not extend to the preparation
during such renewed and extended term of other derivative works based
upon the copyrighted work covered by such grant.

(B) If an application to register a claim to the renewed and extended
term of copyright in a work is made within 1 year before its expiration,
and the claim is registered, the certificate of such registration shall
constitute prima facie evidence as to the validity of the copyright
during its renewed and extended term and of the facts stated in the
certificate. The evidentiary weight to be accorded the certificates of a
registration of a renewed and extended term of copyright made after the
end of that 1-year period shall be within the discretion of the court.

(b) Copyrights in Their Renewal Term at the Time of the Effective Date
of the Sonny Bono Copyright Term Extension Act. [7] Any copyright still
in its renewal term at the time that the Sonny Bono Copyright Term
Extension Act becomes effective shall have a copyright term of 95 years
from the date copyright was originally secured. [8]

(c) Termination of Transfers and Licenses Covering Extended Renewal
Term. In the case of any copyright subsisting in either its first or
renewal term on January 1, 1978, other than a copyright in a work made
for hire, the exclusive or nonexclusive grant of a transfer or license
of the renewal copyright or any right under it, executed before January
1, 1978, by any of the persons designated by subsection (a)(1)(C) of
this section, otherwise than by will, is subject to termination under
the following conditions:

(1) In the case of a grant executed by a person or persons other than
the author, termination of the grant may be effected by the surviving
person or persons who executed it. In the case of a grant executed by
one or more of the authors of the work, termination of the grant may be
effected, to the extent of a particular author's share in the ownership
of the renewal copyright, by the author who executed it or, if such
author is dead, by the person or persons who, under clause (2) of this
subsection, own and are entitled to exercise a total of more than one-
half of that author's termination interest.

(2) Where an author is dead, his or her termination interest is owned,
and may be exercised, as follows:

(A) the widow or widower owns the author's entire termination interest
unless there are any surviving children or grandchildren of the author,
in which case the widow or widower owns one-half of the author's
interest;

(B) the author's surviving children, and the surviving children of any
dead child of the author, own the author's entire termination interest
unless there is a widow or widower, in which case the ownership of one-
half of the author's interest is divided among them;

(C) the rights of the author's children and grandchildren are in all
cases divided among them and exercised on a per stirpes basis according
to the number of such author's children represented; the share of the
children of a dead child in a termination interest can be exercised only
by the action of a majority of them.

(D) In the event that the author's widow or widower, children, and
grandchildren are not living, the author's executor, administrator,
personal representative, or trustee shall own the author's entire
termination interest.

(3) Termination of the grant may be effected at any time during a period
of five years beginning at the end of fifty-six years from the date
copyright was originally secured, or beginning on January 1, 1978,
whichever is later.

(4) The termination shall be effected by serving an advance notice in
writing upon the grantee or the grantee's successor in title. In the
case of a grant executed by a person or persons other than the author,
the notice shall be signed by all of those entitled to terminate the
grant under clause (1) of this subsection, or by their duly authorized
agents. In the case of a grant executed by one or more of the authors of
the work, the notice as to any one author's share shall be signed by
that author or his or her duly authorized agent or, if that author is
dead, by the number and proportion of the owners of his or her
termination interest required under clauses (1) and (2) of this
subsection, or by their duly authorized agents.

(A) The notice shall state the effective date of the termination, which
shall fall within the five-year period specified by clause (3) of this
subsection, or, in the case of a termination under subsection (d),
within the five-year period specified by subsection (d)(2), and the
notice shall be served not less than two or more than ten years before
that date. A copy of the notice shall be recorded in the Copyright
Office before the effective date of termination, as a condition to its
taking effect.

(B) The notice shall comply, in form, content, and manner of service,
with requirements that the Register of Copyrights shall prescribe by
regulation.

(5) Termination of the grant may be effected notwithstanding any
agreement to the contrary, including an agreement to make a will or to
make any future grant.

(6) In the case of a grant executed by a person or persons other than
the author, all rights under this title that were covered by the
terminated grant revert, upon the effective date of termination, to all
of those entitled to terminate the grant under clause (1) of this
subsection. In the case of a grant executed by one or more of the
authors of the work, all of a particular author's rights under this
title that were covered by the terminated grant revert, upon the
effective date of termination, to that author or, if that author is
dead, to the persons owning his or her termination interest under clause
(2) of this subsection, including those owners who did not join in
signing the notice of termination under clause (4) of this subsection.
In all cases the reversion of rights is subject to the following
limitations:

(A) A derivative work prepared under authority of the grant before its
termination may continue to be utilized under the terms of the grant
after its termination, but this privilege does not extend to the
preparation after the termination of other derivative works based upon
the copyrighted work covered by the terminated grant.

(B) The future rights that will revert upon termination of the grant
become vested on the date the notice of termination has been served as
provided by clause (4) of this subsection.

(C) Where the author's rights revert to two or more persons under clause
(2) of this subsection, they shall vest in those persons in the
proportionate shares provided by that clause. In such a case, and
subject to the provisions of subclause (D) of this clause, a further
grant, or agreement to make a further grant, of a particular author's
share with respect to any right covered by a terminated grant is valid
only if it is signed by the same number and proportion of the owners, in
whom the right has vested under this clause, as are required to
terminate the grant under clause (2) of this subsection. Such further
grant or agreement is effective with respect to all of the persons in
whom the right it covers has vested under this subclause, including
those who did not join in signing it. If any person dies after rights
under a terminated grant have vested in him or her, that person's legal
representatives, legatees, or heirs at law represent him or her for
purposes of this subclause.

(D) A further grant, or agreement to make a further grant, of any right
covered by a terminated grant is valid only if it is made after the
effective date of the termination. As an exception, however, an
agreement for such a further grant may be made between the author or any
of the persons provided by the first sentence of clause (6) of this
subsection, or between the persons provided by subclause (C) of this
clause, and the original grantee or such grantee's successor in title,
after the notice of termination has been served as provided by clause
(4) of this subsection.

(E) Termination of a grant under this subsection affects only those
rights covered by the grant that arise under this title, and in no way
affects rights arising under any other Federal, State, or foreign laws.

(F) Unless and until termination is effected under this subsection, the
grant, if it does not provide otherwise, continues in effect for the
remainder of the extended renewal term.

(d) Termination Rights Provided in Subsection (c) Which Have Expired on
or Before the Effective Date of the Sonny Bono Copyright Term Extension
Act. In the case of any copyright other than a work made for hire,
subsisting in its renewal term on the effective date of the Sonny Bono
Copyright Term Extension Act [9] for which the termination right provided
in subsection (c) has expired by such date, where the author or owner of
the termination right has not previously exercised such termination
right, the exclusive or nonexclusive grant of a transfer or license of
the renewal copyright or any right under it, executed before January 1,
1978, by any of the persons designated in subsection (a)(1)(C) of this
section, other than by will, is subject to termination under the
following conditions:

(1) The conditions specified in subsections (c) (1), (2), (4), (5), and
(6) of this section apply to terminations of the last 20 years of
copyright term as provided by the amendments made by the Sonny Bono
Copyright Term Extension Act.

(2) Termination of the grant may be effected at any time during a period
of 5 years beginning at the end of 75 years from the date copyright was
originally secured.

Section 305. Duration of copyright: Terminal date

All terms of copyright provided by sections 302 through 304 run to the
end of the calendar year in which they would otherwise expire.

------------------
Chapter 3 Endnotes

1 Private Law 92-60, 85 Stat. 857, effective December 15, 1971, states
that:

[A]ny provision of law to the contrary notwithstanding, copyright is
hereby granted to the trustees under the will of Mary Baker Eddy, their
successors, and assigns, in the work "Science and Health with Key to the
Scriptures" (entitled also in some editions "Science and Health" or
"Science and Health; with a Key to the Scriptures"), by Mary Baker Eddy,
including all editions thereof in English and translation heretofore
published, or hereafter published by or on behalf of said trustees,
their successors or assigns, for a term of seventy-five years from the
effective date of this Act or from the date of first publication,
whichever is later.

But *cf. United Christian Scientists v. Christian Science Board of
Directors, First Church of Christ, Scientist*, 829 F.2d 1152, 4 USPQ2d
1177 (D.C. Cir. 1987) (holding Priv. L. 92-60, 85 Stat. 857, to be
unconstitutional because it violates the Establishment Clause).

2 The Berne Convention Implementation Act of 1988 amended section 301
by adding at the end thereof subsection (e). Pub. L. No. 100-568, 102
Stat. 2853, 2857. In 1990, the Architectural Works Copyright Protection
Act amended section 301(b) by adding at the end thereof paragraph (4).
Pub. L. No. 101-650, 104 Stat. 5133, 5134. The Visual Artists Rights Act
of 1990 amended section 301 by adding at the end thereof subsection (f).
Pub. L. No. 101-650, 104 Stat. 5089, 5131. In 1998, the Sonny Bono
Copyright Term Extension Act amended section 301 by changing "February
15, 2047" to "February 15, 2067" each place it appeared in subsection
(c). Pub. L. No. 105-298, 112 Stat. 2827.

3 The Visual Artists Rights Act of 1990, which added subsection (f),
states, "Subject to subsection (b) and except as provided in subsection
(c), this title and the amendments made by this title take effect 6
months after the date of the enactment of this Act," that is, six months
after December 1, 1990. Pub. L. No. 101-650, 104 Stat. 5089, 5132. See
also endnote 37, chapter 1.

4 In 1998, the Sonny Bono Copyright Term Extension Act amended section
302 by substituting "70" for "fifty," "95" for "seventy-five" and "120"
for "one hundred" each place they appeared. Pub. L. No. 105-298, 112
Stat. 2827.

5 In 1997, section 303 was amended by adding subsection (b). Pub. L.
No. 105-80, 111 Stat. 1529, 1534. In 1998, the Sonny Bono Copyright Term
Extension Act amended section 303 by substituting "December 31, 2047"
for "December 31, 2027." Pub. L. No. 105-298, 112 Stat. 2827.

6 The Copyright Renewal Act of 1992 amended section 304 by substituting
a new subsection (a) and by making a conforming amendment in the matter
preceding paragraph (1) of subsection (c). Pub. L. No. 102-307, 106
Stat. 264. The Act, as amended by the Sonny Bono Copyright Term
Extension Act, states that the renewal and extension of a copyright for
a further term of 67 years "shall have the same effect with respect to
any grant, before the effective date of the Sonny Bono Copyright Term
Extension Act [October 27, 1998], of a transfer or license of the
further term as did the renewal of a copyright before the effective date
of the Sonny Bono Copyright Term Extension Act [October 27, 1998] under
the law in effect at the time of such grant." The Act also states that
the 1992 amendments "shall apply only to those copyrights secured
between January 1, 1964, and December 31, 1977. Copyrights secured
before January 1, 1964, shall be governed by the provisions of section
304(a) of title 17, United States Code, as in effect on the day before .
. .[enactment on June 26, 1992], except each reference to forty-seven
years in such provisions shall be deemed to be 67 years." Pub. L. No.
102-307, 106 Stat. 264, 266, as amended by the Sonny Bono Copyright Term
Extension Act, Pub. L. No. 105-298, 112 Stat. 2827, 2828.

In 1998, the Sonny Bono Copyright Term Extension Act amended section 304
by substituting "67" for "47" wherever it appeared in subsection (a), by
substituting a new subsection (b) and by adding subsection (d) at the
end thereof. Pub. L. No. 105-298, 112 Stat. 2827. That Act also amended
subsection 304(c) by deleting "by his widow or her widower and his or
her children or grandchildren" from the first sentence of paragraph (2),
by adding subparagraph (D) at the end of paragraph (2) and by inserting
"or, in the case of a termination under subsection (d), within the five-
year period specified by subsection (d)(2)," into the first sentence of
subparagraph (4)(A). *Id.*

7 A series of nine Acts of Congress extended until December 31, 1976,
previously renewed copyrights in which the renewal term would otherwise
have expired between September 19, 1962 and December 31, 1976. The last
of these enactments is Pub. L. No. 93-573, 88 Stat. 1873, enacted
December 31, 1974, which cites the eight earlier acts. See also section
102 of the Transitional and Supplementary Provisions of the Copyright
Act of 1976, in Part I of the Appendix. Pub. L. No. 94-553, 90 Stat.
2541.

8 The effective date of the Sonny Bono Copyright Term Extension Act is
October 27, 1998.

9 See endnote 8, *supra*.

------------------------------------------------------------------------

Chapter 4

Copyright Notice, Deposit, and Registration

+ 401. Notice of copyright: Visually perceptible copies
+ 402. Notice of copyright: Phonorecords of sound recordings
+ 403. Notice of copyright: Publications incorporating United States
Government works
+ 404. Notice of copyright: Contributions to collective works
+ 405. Notice of copyright: Omission of notice on certain copies and
phonorecords
+ 406. Notice of copyright: Error in name or date on certain copies
and phonorecords
+ 407. Deposit of copies or phonorecords for Library of Congress
+ 408. Copyright registration in general
+ 409. Application for copyright registration
+ 410. Registration of claim and issuance of certificate
+ 411. Registration and infringement actions
+ 412. Registration as prerequisite to certain remedies for
infringement

Section 401. Notice of copyright: Visually perceptible copies [1]

(a) General Provisions. Whenever a work protected under this title is
published in the United States or elsewhere by authority of the
copyright owner, a notice of copyright as provided by this section may
be placed on publicly distributed copies from which the work can be
visually perceived, either directly or with the aid of a machine or
device.

(b) Form of Notice. If a notice appears on the copies, it shall consist
of the following three elements:

(1) the symbol (the letter C in a circle), or the word "Copyright", or
the abbreviation "Copr."; and

(2) the year of first publication of the work; in the case of
compilations or derivative works incorporating previously published
material, the year date of first publication of the compilation or
derivative work is sufficient. The year date may be omitted where a
pictorial, graphic, or sculptural work, with accompanying text matter,
if any, is reproduced in or on greeting cards, postcards, stationery,
jewelry, dolls, toys, or any useful articles; and

(3) the name of the owner of copyright in the work, or an abbreviation
by which the name can be recognized, or a generally known alternative
designation of the owner.

(c) Position of Notice. The notice shall be affixed to the copies in
such manner and location as to give reasonable notice of the claim of
copyright. The Register of Copyrights shall prescribe by regulation, as
examples, specific methods of affixation and positions of the notice on
various types of works that will satisfy this requirement, but these
specifications shall not be considered exhaustive.

(d) Evidentiary Weight of Notice. If a notice of copyright in the form
and position specified by this section appears on the published copy or
copies to which a defendant in a copyright infringement suit had access,
then no weight shall be given to such a defendant's interposition of a
defense based on innocent infringement in mitigation of actual or
statutory damages, except as provided in the last sentence of section
504(c)(2).

Section 402. Notice of copyright: Phonorecords of sound recordings [2]

(a) General Provisions. Whenever a sound recording protected under this
title is published in the United States or elsewhere by authority of the
copyright owner, a notice of copyright as provided by this section may
be placed on publicly distributed phonorecords of the sound recording.

(b) Form of Notice. If a notice appears on the phonorecords, it shall
consist of the following three elements:

(1) the symbol [P in a circle] (the letter P in a circle); and

(2) the year of first publication of the sound recording; and

(3) the name of the owner of copyright in the sound recording, or an
abbreviation by which the name can be recognized, or a generally known
alternative designation of the owner; if the producer of the sound
recording is named on the phonorecord labels or containers, and if no
other name appears in conjunction with the notice, the producer's name
shall be considered a part of the notice.

(c) Position of Notice. The notice shall be placed on the surface of the
phonorecord, or on the phonorecord label or container, in such manner
and location as to give reasonable notice of the claim of copyright.

(d) Evidentiary Weight of Notice. If a notice of copyright in the form
and position specified by this section appears on the published
phonorecord or phonorecords to which a defendant in a copyright
infringement suit had access, then no weight shall be given to such a
defendant's interposition of a defense based on innocent infringement in
mitigation of actual or statutory damages, except as provided in the
last sentence of section 504(c)(2).

Section 403. Notice of copyright: Publications incorporating United States
Government works [3]

Sections 401(d) and 402(d) shall not apply to a work published in copies
or phonorecords consisting predominantly of one or more works of the
United States Government unless the notice of copyright appearing on the
published copies or phonorecords to which a defendant in the copyright
infringement suit had access includes a statement identifying, either
affirmatively or negatively, those portions of the copies or
phonorecords embodying any work or works protected under this title.

Section 404. Notice of copyright: Contributions to collective works [4]

(a) A separate contribution to a collective work may bear its own notice
of copyright, as provided by sections 401 through 403. However, a single
notice applicable to the collective work as a whole is sufficient to
invoke the provisions of section 401(d) or 402(d), as applicable with
respect to the separate contributions it contains (not including
advertisements inserted on behalf of persons other than the owner of
copyright in the collective work), regardless of the ownership of
copyright in the contributions and whether or not they have been
previously published.

(b) With respect to copies and phonorecords publicly distributed by
authority of the copyright owner before the effective date of the Berne
Convention Implementation Act of 1988, where the person named in a
single notice applicable to a collective work as a whole is not the
owner of copyright in a separate contribution that does not bear its own
notice, the case is governed by the provisions of section 406(a).

Section 405. Notice of copyright: Omission of notice on certain copies and
phonorecords [5]

(a) Effect of Omission on Copyright. With respect to copies and
phonorecords publicly distributed by authority of the copyright owner
before the effective date of the Berne Convention Implementation Act of
1988, the omission of the copyright notice described in sections 401
through 403 from copies or phonorecords publicly distributed by
authority of the copyright owner does not invalidate the copyright in a
work if-

(1) the notice has been omitted from no more than a relatively small
number of copies or phonorecords distributed to the public; or

(2) registration for the work has been made before or is made within
five years after the publication without notice, and a reasonable effort
is made to add notice to all copies or phonorecords that are distributed
to the public in the United States after the omission has been
discovered; or

(3) the notice has been omitted in violation of an express requirement
in writing that, as a condition of the copyright owner's authorization
of the public distribution of copies or phonorecords, they bear the
prescribed notice.

(b) Effect of Omission on Innocent Infringers. Any person who innocently
infringes a copyright, in reliance upon an authorized copy or
phonorecord from which the copyright notice has been omitted and which
was publicly distributed by authority of the copyright owner before the
effective date of the Berne Convention Implementation Act of 1988,
incurs no liability for actual or statutory damages under section 504
for any infringing acts committed before receiving actual notice that
registration for the work has been made under section 408, if such
person proves that he or she was misled by the omission of notice. In a
suit for infringement in such a case the court may allow or disallow
recovery of any of the infringer's profits attributable to the
infringement, and may enjoin the continuation of the infringing
undertaking or may require, as a condition for permitting the
continuation of the infringing undertaking, that the infringer pay the
copyright owner a reasonable license fee in an amount and on terms fixed
by the court.

(c) Removal of Notice. Protection under this title is not affected by
the removal, destruction, or obliteration of the notice, without the
authorization of the copyright owner, from any publicly distributed
copies or phonorecords.

Section 406. Notice of copyright: Error in name or date on certain copies
and phonorecords [6]

(a) Error in Name. With respect to copies and phonorecords publicly
distributed by authority of the copyright owner before the effective
date of the Berne Convention Implementation Act of 1988, where the
person named in the copyright notice on copies or phonorecords publicly
distributed by authority of the copyright owner is not the owner of
copyright, the validity and ownership of the copyright are not affected.
In such a case, however, any person who innocently begins an undertaking
that infringes the copyright has a complete defense to any action for
such infringement if such person proves that he or she was misled by the
notice and began the undertaking in good faith under a purported
transfer or license from the person named therein, unless before the
undertaking was begun-

(1) registration for the work had been made in the name of the owner of
copyright; or

(2) a document executed by the person named in the notice and showing
the ownership of the copyright had been recorded.

The person named in the notice is liable to account to the copyright
owner for all receipts from transfers or licenses purportedly made under
the copyright by the person named in the notice.

(b) Error in Date. When the year date in the notice on copies or
phonorecords distributed before the effective date of the Berne
Convention Implementation Act of 1988 by authority of the copyright
owner is earlier than the year in which publication first occurred, any
period computed from the year of first publication under section 302 is
to be computed from the year in the notice. Where the year date is more
than one year later than the year in which publication first occurred,
the work is considered to have been published without any notice and is
governed by the provisions of section 405.

(c) Omission of Name or Date. Where copies or phonorecords publicly
distributed before the effective date of the Berne Convention
Implementation Act of 1988 by authority of the copyright owner contain
no name or no date that could reasonably be considered a part of the
notice, the work is considered to have been published without any notice
and is governed by the provisions of section 405 as in effect on the day
before the effective date of the Berne Convention Implementation Act of
1988.

Section 407. Deposit of copies or phonorecords for Library of Congress [7]

(a) Except as provided by subsection (c), and subject to the provisions
of subsection (e), the owner of copyright or of the exclusive right of
publication in a work published in the United States shall deposit,
within three months after the date of such publication-

(1) two complete copies of the best edition; or

(2) if the work is a sound recording, two complete phonorecords of the
best edition, together with any printed or other visually perceptible
material published with such phonorecords.

Neither the deposit requirements of this subsection nor the acquisition
provisions of subsection (e) are conditions of copyright protection.

(b) The required copies or phonorecords shall be deposited in the
Copyright Office for the use or disposition of the Library of Congress.
The Register of Copyrights shall, when requested by the depositor and
upon payment of the fee prescribed by section 708, issue a receipt for
the deposit.

(c) The Register of Copyrights may by regulation exempt any categories
of material from the deposit requirements of this section, or require
deposit of only one copy or phonorecord with respect to any categories.
Such regulations shall provide either for complete exemption from the
deposit requirements of this section, or for alternative forms of
deposit aimed at providing a satisfactory archival record of a work
without imposing practical or financial hardships on the depositor,
where the individual author is the owner of copyright in a pictorial,
graphic, or sculptural work and (i) less than five copies of the work
have been published, or (ii) the work has been published in a limited
edition consisting of numbered copies, the monetary value of which would
make the mandatory deposit of two copies of the best edition of the work
burdensome, unfair, or unreasonable.

(d) At any time after publication of a work as provided by
subsection(a), the Register of Copyrights may make written demand for
the required deposit on any of the persons obligated to make the deposit
under subsection (a). Unless deposit is made within three months after
the demand is received, the person or persons on whom the demand was
made are liable-

(1) to a fine of not more than $250 for each work; and

(2) to pay into a specially designated fund in the Library of Congress
the total retail price of the copies or phonorecords demanded, or, if no
retail price has been fixed, the reasonable cost to the Library of
Congress of acquiring them; and

(3) to pay a fine of $2,500, in addition to any fine or liability
imposed under clauses (1) and (2), if such person willfully or
repeatedly fails or refuses to comply with such a demand.

(e) With respect to transmission programs that have been fixed and
transmitted to the public in the United States but have not been
published, the Register of Copyrights shall, after consulting with the
Librarian of Congress and other interested organizations and officials,
establish regulations governing the acquisition, through deposit or
otherwise, of copies or phonorecords of such programs for the
collections of the Library of Congress.

(1) The Librarian of Congress shall be permitted, under the standards
and conditions set forth in such regulations, to make a fixation of a
transmission program directly from a transmission to the public, and to
reproduce one copy or phonorecord from such fixation for archival
purposes.

(2) Such regulations shall also provide standards and procedures by
which the Register of Copyrights may make written demand, upon the owner
of the right of transmission in the United States, for the deposit of a
copy or phonorecord of a specific transmission program. Such deposit
may, at the option of the owner of the right of transmission in the
United States, be accomplished by gift, by loan for purposes of
reproduction, or by sale at a price not to exceed the cost of
reproducing and supplying the copy or phonorecord. The regulations
established under this clause shall provide reasonable periods of not
less than three months for compliance with a demand, and shall allow for
extensions of such periods and adjustments in the scope of the demand or
the methods for fulfilling it, as reasonably warranted by the
circumstances. Willful failure or refusal to comply with the conditions
prescribed by such regulations shall subject the owner of the right of
transmission in the United States to liability for an amount, not to
exceed the cost of reproducing and supplying the copy or phonorecord in
question, to be paid into a specially designated fund in the Library of
Congress.

(3) Nothing in this subsection shall be construed to require the making
or retention, for purposes of deposit, of any copy or phonorecord of an
unpublished transmission program, the transmission of which occurs
before the receipt of a specific written demand as provided by clause
(2).

(4) No activity undertaken in compliance with regulations prescribed
under clauses (1) and (2) of this subsection shall result in liability
if intended solely to assist in the acquisition of copies or
phonorecords under this subsection.

Section 408. Copyright registration in general [8]

(a) Registration Permissive. At any time during the subsistence of the
first term of copyright in any published or unpublished work in which
the copyright was secured before January 1, 1978, and during the
subsistence of any copyright secured on or after that date, the owner of
copyright or of any exclusive right in the work may obtain registration
of the copyright claim by delivering to the Copyright Office the deposit
specified by this section, together with the application and fee
specified by sections 409 and 708. Such registration is not a condition
of copyright protection.

(b) Deposit for Copyright Registration. Except as provided by subsection
(c), the material deposited for registration shall include-

(1) in the case of an unpublished work, one complete copy or
phonorecord;

(2) in the case of a published work, two complete copies or phonorecords
of the best edition;

(3) in the case of a work first published outside the United States, one
complete copy or phonorecord as so published;

(4) in the case of a contribution to a collective work, one complete
copy or phonorecord of the best edition of the collective work.

Copies or phonorecords deposited for the Library of Congress under
section 407 may be used to satisfy the deposit provisions of this
section, if they are accompanied by the prescribed application and fee,
and by any additional identifying material that the Register may, by
regulation, require. The Register shall also prescribe regulations
establishing requirements under which copies or phonorecords acquired
for the Library of Congress under subsection (e) of section 407,
otherwise than by deposit, may be used to satisfy the deposit provisions
of this section. (c) Administrative Classification and Optional
Deposit. (1) The Register of Copyrights is authorized to specify by
regulation the administrative classes into which works are to be placed
for purposes of deposit and registration, and the nature of the copies
or phonorecords to be deposited in the various classes specified. The
regulations may require or permit, for particular classes, the deposit
of identifying material instead of copies or phonorecords, the deposit
of only one copy or phonorecord where two would normally be required, or
a single registration for a group of related works. This administrative
classification of works has no significance with respect to the subject
matter of copyright or the exclusive rights provided by this title.

(2) Without prejudice to the general authority provided under clause
(1), the Register of Copyrights shall establish regulations specifically
permitting a single registration for a group of works by the same
individual author, all first published as contributions to periodicals,
including newspapers, within a twelve-month period, on the basis of a
single deposit, application, and registration fee, under the following
conditions-

(A) if the deposit consists of one copy of the entire issue of the
periodical, or of the entire section in the case of a newspaper, in
which each contribution was first published; and

(B) if the application identifies each work separately, including the
periodical containing it and its date of first publication.

(3) As an alternative to separate renewal registrations under subsection
(a) of section 304, a single renewal registration may be made for a
group of works by the same individual author, all first published as
contributions to periodicals, including newspapers, upon the filing of a
single application and fee, under all of the following conditions:

(A) the renewal claimant or claimants, and the basis of claim or claims
under section 304(a), is the same for each of the works; and

(B) the works were all copyrighted upon their first publication, either
through separate copyright notice and registration or by virtue of a
general copyright notice in the periodical issue as a whole; and

(C) the renewal application and fee are received not more than twenty-
eight or less than twenty-seven years after the thirty-first day of
December of the calendar year in which all of the works were first
published; and

(D) the renewal application identifies each work separately, including
the periodical containing it and its date of first publication.

(d) Corrections and Amplifications. The Register may also establish, by
regulation, formal procedures for the filing of an application for
supplementary registration, to correct an error in a copyright
registration or to amplify the information given in a registration. Such
application shall be accompanied by the fee provided by section 708, and
shall clearly identify the registration to be corrected or amplified.
The information contained in a supplementary registration augments but
does not supersede that contained in the earlier registration.

(e) Published Edition of Previously Registered Work. Registration for
the first published edition of a work previously registered in
unpublished form may be made even though the work as published is
substantially the same as the unpublished version.

Section 409. Application for copyright registration [9]

The application for copyright registration shall be made on a form
prescribed by the Register of Copyrights and shall include

(1) the name and address of the copyright claimant;

(2) in the case of a work other than an anonymous or pseudonymous work,
the name and nationality or domicile of the author or authors, and, if
one or more of the authors is dead, the dates of their deaths;

(3) if the work is anonymous or pseudonymous, the nationality or
domicile of the author or authors;

(4) in the case of a work made for hire, a statement to this effect;

(5) if the copyright claimant is not the author, a brief statement of
how the claimant obtained ownership of the copyright;

(6) the title of the work, together with any previous or alternative
titles under which the work can be identified;

(7) the year in which creation of the work was completed;

(8) if the work has been published, the date and nation of its first
publication;

(9) in the case of a compilation or derivative work, an identification
of any preexisting work or works that it is based on or incorporates,
and a brief, general statement of the additional material covered by the
copyright claim being registered;

(10) in the case of a published work containing material of which copies
are required by section 601 to be manufactured in the United States, the
names of the persons or organizations who performed the processes
specified by subsection (c) of section 601 with respect to that
material, and the places where those processes were performed; and

(11) any other information regarded by the Register of Copyrights as
bearing upon the preparation or identification of the work or the
existence, ownership, or duration of the copyright.

If an application is submitted for the renewed and extended term
provided for in section 304(a)(3)(A) and an original term registration
has not been made, the Register may request information with respect to
the existence, ownership, or duration of the copyright for the original
term.

Section 410. Registration of claim and issuance of certificate

(a) When, after examination, the Register of Copyrights determines that,
in accordance with the provisions of this title, the material deposited
constitutes copyrightable subject matter and that the other legal and
formal requirements of this title have been met, the Register shall
register the claim and issue to the applicant a certificate of
registration under the seal of the Copyright Office. The certificate
shall contain the information given in the application, together with
the number and effective date of the registration.

(b) In any case in which the Register of Copyrights determines that, in
accordance with the provisions of this title, the material deposited
does not constitute copyrightable subject matter or that the claim is
invalid for any other reason, the Register shall refuse registration and
shall notify the applicant in writing of the reasons for such refusal.

(c) In any judicial proceedings the certificate of a registration made
before or within five years after first publication of the work shall
constitute *prima facie* evidence of the validity of the copyright and
of the facts stated in the certificate. The evidentiary weight to be
accorded the certificate of a registration made thereafter shall be
within the discretion of the court.

(d) The effective date of a copyright registration is the day on which
an application, deposit, and fee, which are later determined by the
Register of Copyrights or by a court of competent jurisdiction to be
acceptable for registration, have all been received in the Copyright
Office.

Section 411. Registration and infringement actions [10]

(a) Except for an action brought for a violation of the rights of the
author under section 106A(a), and subject to the provisions of
subsection (b), no action for infringement of the copyright in any
United States work shall be instituted until registration of the
copyright claim has been made in accordance with this title. In any
case, however, where the deposit, application, and fee required for
registration have been delivered to the Copyright Office in proper form
and registration has been refused, the applicant is entitled to
institute an action for infringement if notice thereof, with a copy of
the complaint, is served on the Register of Copyrights. The Register
may, at his or her option, become a party to the action with respect to
the issue of registrability of the copyright claim by entering an
appearance within sixty days after such service, but the Register's
failure to become a party shall not deprive the court of jurisdiction to
determine that issue.

(b) In the case of a work consisting of sounds, images, or both, the
first fixation of which is made simultaneously with its transmission,
the copyright owner may, either before or after such fixation takes
place, institute an action for infringement under section 501, fully
subject to the remedies provided by sections 502 through 506 and
sections 509 and 510, if, in accordance with requirements that the
Register of Copyrights shall prescribe by regulation, the copyright
owner-

(1) serves notice upon the infringer, not less than 48 hours before such
fixation, identifying the work and the specific time and source of its
first transmission, and declaring an intention to secure copyright in
the work; and

(2) makes registration for the work, if required by subsection (a),
within three months after its first transmission.

Section 412. Registration as prerequisite to certain remedies for
infringement [11]

In any action under this title, other than an action brought for a
violation of the rights of the author under section 106A(a) or an action
instituted under section 411(b), no award of statutory damages or of
attorney's fees, as provided by sections 504 and 505, shall be made for

(1) any infringement of copyright in an unpublished work commenced
before the effective date of its registration; or

(2) any infringement of copyright commenced after first publication of
the work and before the effective date of its registration, unless such
registration is made within three months after the first publication of
the work.

------------------
Chapter 4 Endnotes

1 The Berne Convention Implementation Act of 1988 amended section 401
as follows: 1) in subsection (a), by changing the heading to "General
Provisions" and by inserting "may be placed on" in lieu of "shall be
placed on all"; 2) in subsection (b), by inserting "If a notice appears
on the copies, it" in lieu of "The notice appearing on the copies"; and
3) by adding subsection (d). Pub. L. No. 100-568, 102 Stat. 2853, 2857.

2 The Berne Convention Implementation Act of 1988 amended section 402
as follows: 1) in subsection (a), by changing the heading to "General
Provisions" and by inserting "may be placed on" in lieu of "shall be
placed on all"; 2) in subsection (b), by inserting "If a notice appears
on the phonorecords, it" in lieu of "The notice appearing on the
phonorecords"; and 3) by adding subsection (d). Pub. L. No. 100-568, 102
Stat. 2853, 2857.

3 The Berne Convention Implementation Act of 1988 amended section 403
in its entirety. Pub. L. No. 100-568, 102 Stat. 2853, 2858.

4 The Berne Convention Implementation Act of 1988 amended section 404
as follows: 1) in the second sentence of subsection (a), by inserting
"to invoke the provisions of section 401(d) or 402(d), as applicable" in
lieu of "to satisfy the requirements of sections 401 through 403" and 2)
in subsection (b), by inserting "With respect to copies and phonorecords
publicly distributed by authority of the copyright owner before the
effective date of the Berne Convention Implementation Act of 1988," at
the beginning of the sentence. Pub. L. No. 100-568, 102 Stat. 2853,
2858.

5 The Berne Convention Implementation Act of 1988 amended section 405
as follows: 1) in subsection (a), by inserting "With respect to copies
and phonorecords publicly distributed by authority of the copyright
owner before the effective date of the Berne Convention Implementation
Act of 1988, the omission of the copyright notice described in" at the
beginning of the first sentence, in lieu of "The omission of the
copyright notice prescribed by"; 2) in subsection (b), by inserting
after "omitted," in the first sentence, "and which was publicly
distributed by authority of the copyright owner before the effective
date of the Berne Convention Implementation Act of 1988"; and 3) by
amending the section heading to add "on certain copies and phonorecords"
at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.

6 The Berne Convention Implementation Act of 1988 amended section 406
as follows: 1) in subsection (a), by inserting "With respect to copies
and phonorecords publicly distributed by authority of the copyright
owner before the effective date of the Berne Convention Implementation
Act of 1988," at the beginning of the first sentence; 2) in subsection
(b), by inserting "before the effective date of the Berne Convention
Implementation Act of 1988" after "distributed"; 3) in subsection (c),
by inserting "before the effective date of the Berne Convention
Implementation Act of 1988" after "publicly distributed" and by
inserting "as in effect on the day before the effective date of the
Berne Convention Implementation Act of 1988" after "405"; and 4) by
amending the section heading to add "on certain copies and phonorecords"
at the end thereof. Pub. L. No. 100-568, 102 Stat. 2853, 2858.

7 The Berne Convention Implementation Act of 1988 amended section 407 by
striking out the words "with notice of copyright" in subsection (a).
Pub. L. No. 100-568, 102 Stat. 2853, 2859.

8 The Berne Convention Implementation Act of 1988 amended section 408 by
deleting "Subject to the provisions of section 405(a)," at the beginning
of the second sentence of subsection (a). Pub. L. No. 100-568, 102 Stat.
2853, 2859. That Act also amended section 408(c)(2) by inserting "the
following conditions:" in lieu of "all of the following conditions" and
by striking subparagraph (A) and by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively. *Id.*

The Copyright Renewal Act of 1992 amended section 408 by revising the
first sentence of subsection (a), preceding the words "the owner of
copyright or of any exclusive right." Pub. L. No. 102-307, 106 Stat.
264, 266.

9 The Copyright Renewal Act of 1992 amended section 409 by adding the
last sentence. Pub. L. No. 102-307, 106 Stat. 264, 266.

10 The Berne Convention Implementation Act of 1988 amended section 411 as
follows: 1) in subsection (a), by inserting "Except for actions for
infringement of copyright in Berne Convention works whose country of
origin is not the United States, and" before "subject"; 2) in paragraph
(b)(2), by inserting ", if required by subsection (a)," after "work";
and 3) by inserting "and infringement actions" in the heading, in lieu
of "as prerequisite to infringement suit." Pub. L. No. 100-568, 102
Stat. 2853, 2859.

The Visual Artists Rights Act of 1990 amended section 411(a) by
inserting "and an action brought for a violation of the rights of the
author under section 106A(a)" after "United States." Pub. L. No.
101-650, 104 Stat. 5089, 5131. In 1997, section 411(b)(1) was amended in
its entirety. Pub. L. No. 105-80, 111 Stat. 1529, 1532.

The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 amended the first sentence in section 411(a)
by deleting "actions for infringement of copyright in Berne Convention
works whose country of origin is not the United and" and by inserting
"United States" after "no action for infringement of the copyright in
any." Pub. L. No. 105-304, 112 Stat. 2860, 2863.

11 The Visual Artists Rights Act of 1990 amended section 412 by inserting
"an action brought for a violation of the rights of the author under
section 106A(a) or" after "other than." Pub. L. No. 101-650, 104 Stat.
5089, 5131.

------------------------------------------------------------------------

Chapter 5 [1]

Copyright Infringement and Remedies

+ 501. Infringement of copyright
+ 502. Remedies for infringement: Injunctions
+ 503. Remedies for infringement: Impounding and disposition of
infringing articles
+ 504. Remedies for infringement: Damages and profits
+ 505. Remedies for infringement: Costs and attorney's fees
+ 506. Criminal offenses
+ 507. Limitations on actions
+ 508. Notification of filing and determination of actions
+ 509. Seizure and forfeiture
+ 510. Remedies for alteration of programming by cable systems
+ 511. Liability of States, instrumentalities of States, and State
officials for infringement of copyright
+ 512. Limitations on liability relating to material online
+ 513. [2] Determination of reasonable license fees for individual
proprietors

Section 501. Infringement of copyright [3]

(a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by sections 106 through 121 or of the author as
provided in section 106A(a), or who imports copies or phonorecords into
the United States in violation of section 602, is an infringer of the
copyright or right of the author, as the case may be. For purposes of
this chapter (other than section 506), any reference to copyright shall
be deemed to include the rights conferred by section 106A(a). As used in
this subsection, the term "anyone" includes any State, any
instrumentality of a State, and any officer or employee of a State or
instrumentality of a State acting in his or her official capacity. Any
State, and any such instrumentality, officer, or employee, shall be
subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.

(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section 411, to
institute an action for any infringement of that particular right
committed while he or she is the owner of it. The court may require such
owner to serve written notice of the action with a copy of the complaint
upon any person shown, by the records of the Copyright Office or
otherwise, to have or claim an interest in the copyright, and shall
require that such notice be served upon any person whose interest is
likely to be affected by a decision in the case. The court may require
the joinder, and shall permit the intervention, of any person having or
claiming an interest in the copyright.

(c) For any secondary transmission by a cable system that embodies a
performance or a display of a work which is actionable as an act of
infringement under subsection (c) of section 111, a television broadcast
station holding a copyright or other license to transmit or perform the
same version of that work shall, for purposes of subsection (b) of this
section, be treated as a legal or beneficial owner if such secondary
transmission occurs within the local service area of that television
station.

(d) For any secondary transmission by a cable system that is actionable
as an act of infringement pursuant to section 111(c)(3), the following
shall also have standing to sue: (i) the primary transmitter whose
transmission has been altered by the cable system; and (ii) any
broadcast station within whose local service area the secondary
transmission occurs.

(e) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 119(a)(5), a network station holding a copyright or other
license to transmit or perform the same version of that work shall, for
purposes of subsection (b) of this section, be treated as a legal or
beneficial owner if such secondary transmission occurs within the local
service area of that station.

(f)(1) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 122, a television broadcast station holding a copyright or other
license to transmit or perform the same version of that work shall, for
purposes of subsection (b) of this section, be treated as a legal or
beneficial owner if such secondary transmission occurs within the local
market of that station.

(2) A television broadcast station may file a civil action against any
satellite carrier that has refused to carry television broadcast
signals, as required under section 122(a)(2), to enforce that television
broadcast station's rights under section 338(a) of the Communications
Act of 1934.

Section 502. Remedies for infringement: Injunctions

(a) Any court having jurisdiction of a civil action arising under this
title may, subject to the provisions of section 1498 of title 28, grant
temporary and final injunctions on such terms as it may deem reasonable
to prevent or restrain infringement of a copyright.

(b) Any such injunction may be served anywhere in the United States on
the person enjoined; it shall be operative throughout the United States
and shall be enforceable, by proceedings in contempt or otherwise, by
any United States court having jurisdiction of that person. The clerk of
the court granting the injunction shall, when requested by any other
court in which enforcement of the injunction is sought, transmit
promptly to the other court a certified copy of all the papers in the
case on file in such clerk's office.

Section 503. Remedies for infringement: Impounding and disposition of
infringing articles

(a) At any time while an action under this title is pending, the court
may order the impounding, on such terms as it may deem reasonable, of
all copies or phonorecords claimed to have been made or used in
violation of the copyright owner's exclusive rights, and of all plates,
molds, matrices, masters, tapes, film negatives, or other articles by
means of which such copies or phonorecords may be reproduced.

(b) As part of a final judgment or decree, the court may order the
destruction or other reasonable disposition of all copies or
phonorecords found to have been made or used in violation of the
copyright owner's exclusive rights, and of all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which such
copies or phonorecords may be reproduced.

Section 504. Remedies for infringement: Damages and profits [4]

(a) In General. Except as otherwise provided by this title, an infringer
of copyright is liable for either-

(1) the copyright owner's actual damages and any additional profits of
the infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(b) Actual Damages and Profits. The copyright owner is entitled to
recover the actual damages suffered by him or her as a result of the
infringement, and any profits of the infringer that are attributable to
the infringement and are not taken into account in computing the actual
damages. In establishing the infringer's profits, the copyright owner is
required to present proof only of the infringer's gross revenue, and the
infringer is required to prove his or her deductible expenses and the
elements of profit attributable to factors other than the copyrighted
work.

(c) Statutory Damages.

(1) Except as provided by clause (2) of this subsection, the copyright
owner may elect, at any time before final judgment is rendered, to
recover, instead of actual damages and profits, an award of statutory
damages for all infringements involved in the action, with respect to
any one work, for which any one infringer is liable individually, or for
which any two or more infringers are liable jointly and severally, in a
sum of not less than $750 or more than $30,000 as the court considers
just. For the purposes of this subsection, all the parts of a
compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving,
and the court finds, that infringement was committed willfully, the
court in its discretion may increase the award of statutory damages to a
sum of not more than $150,000. In a case where the infringer sustains
the burden of proving, and the court finds, that such infringer was not
aware and had no reason to believe that his or her acts constituted an
infringement of copyright, the court in its discretion may reduce the
award of statutory damages to a sum of not less than $200. The court
shall remit statutory damages in any case where an infringer believed
and had reasonable grounds for believing that his or her use of the
copyrighted work was a fair use under section 107, if the infringer was:
(i) an employee or agent of a nonprofit educational institution,
library, or archives acting within the scope of his or her employment
who, or such institution, library, or archives itself, which infringed
by reproducing the work in copies or phonorecords; or (ii) a public
broadcasting entity which or a person who, as a regular part of the
nonprofit activities of a public broadcasting entity (as defined in
subsection (g) of section 118) infringed by performing a published
nondramatic literary work or by reproducing a transmission program
embodying a performance of such a work.

(d) Additional Damages in Certain Cases. In any case in which the court
finds that a defendant proprietor of an establishment who claims as a
defense that its activities were exempt under section 110(5) did not
have reasonable grounds to believe that its use of a copyrighted work
was exempt under such section, the plaintiff shall be entitled to, in
addition to any award of damages under this section, an additional award
of two times the amount of the license fee that the proprietor of the
establishment concerned should have paid the plaintiff for such use
during the preceding period of up to 3 years.

Section 505. Remedies for infringement: Costs and attorney's fees

In any civil action under this title, the court in its discretion may
allow the recovery of full costs by or against any party other than the
United States or an officer thereof. Except as otherwise provided by
this title, the court may also award a reasonable attorney's fee to the
prevailing party as part of the costs.

Section 506. Criminal offenses [5]

(a) Criminal Infringement. Any person who infringes a copyright
willfully either

(1) for purposes of commercial advantage or private financial gain, or

(2) by the reproduction or distribution, including by electronic means,
during any 180-day period, of 1 or more copies or phonorecords of 1 or
more copyrighted works, which have a total retail value of more than
$1,000,

shall be punished as provided under section 2319 of title 18, United
States Code. For purposes of this subsection, evidence of reproduction
or distribution of a copyrighted work, by itself, shall not be
sufficient to establish willful infringement.

(b) Forfeiture and Destruction. When any person is convicted of any
violation of subsection (a), the court in its judgment of conviction
shall, in addition to the penalty therein prescribed, order the
forfeiture and destruction or other disposition of all infringing copies
or phonorecords and all implements, devices, or equipment used in the
manufacture of such infringing copies or phonorecords.

(c) Fraudulent Copyright Notice. Any person who, with fraudulent intent,
places on any article a notice of copyright or words of the same purport
that such person knows to be false, or who, with fraudulent intent,
publicly distributes or imports for public distribution any article
bearing such notice or words that such person knows to be false, shall
be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice. Any person who, with
fraudulent intent, removes or alters any notice of copyright appearing
on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation. Any person who knowingly makes a false
representation of a material fact in the application for copyright
registration provided for by section 409, or in any written statement
filed in connection with the application, shall be fined not more than
$2,500.

(f) Rights of Attribution and Integrity. Nothing in this section applies
to infringement of the rights conferred by section 106A(a).

Section 507. Limitations on actions [6]

(a) Criminal Proceedings. Except as expressly provided otherwise in this
title, no criminal proceeding shall be maintained under the provisions
of this title unless it is commenced within 5 years after the cause of
action arose.

(b) Civil Actions. No civil action shall be maintained under the
provisions of this title unless it is commenced within three years after
the claim accrued.

Section 508. Notification of filing and determination of actions

(a) Within one month after the filing of any action under this title,
the clerks of the courts of the United States shall send written
notification to the Register of Copyrights setting forth, as far as is
shown by the papers filed in the court, the names and addresses of the
parties and the title, author, and registration number of each work
involved in the action. If any other copyrighted work is later included
in the action by amendment, answer, or other pleading, the clerk shall
also send a notification concerning it to the Register within one month
after the pleading is filed.

(b) Within one month after any final order or judgment is issued in the
case, the clerk of the court shall notify the Register of it, sending
with the notification a copy of the order or judgment together with the
written opinion, if any, of the court.

(c) Upon receiving the notifications specified in this section, the
Register shall make them a part of the public records of the Copyright
Office.

Section 509. Seizure and forfeiture

(a) All copies or phonorecords manufactured, reproduced, distributed,
sold, or otherwise used, intended for use, or possessed with intent to
use in violation of section 506 (a), and all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which such
copies or phonorecords may be reproduced, and all electronic,
mechanical, or other devices for manufacturing, reproducing, or
assembling such copies or phonorecords may be seized and forfeited to
the United States.

(b) The applicable procedures relating to

(i) the seizure, summary and judicial forfeiture, and condemnation of
vessels, vehicles, merchandise, and baggage for violations of the
customs laws contained in title 19,

(ii) the disposition of such vessels, vehicles, merchandise, and baggage
or the proceeds from the sale thereof,

(iii) the remission or mitigation of such forfeiture,

(iv) the compromise of claims, and

(v) the award of compensation to informers in respect of such
forfeitures, shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under the provisions of this section,
insofar as applicable and not inconsistent with the provisions of this
section; except that such duties as are imposed upon any officer or
employee of the Treasury Department or any other person with respect to
the seizure and forfeiture of vessels, vehicles, merchandise, and
baggage under the provisions of the customs laws contained in title 19
shall be performed with respect to seizure and forfeiture of all
articles described in subsection (a) by such officers, agents, or other
persons as may be authorized or designated for that purpose by the
Attorney General.

Section 510. Remedies for alteration of programming by cable systems [7]

(a) In any action filed pursuant to section 111(c)(3), the following
remedies shall be available:

(1) Where an action is brought by a party identified in subsections (b)
or (c) of section 501, the remedies provided by sections 502 through
505, and the remedy provided by subsection (b) of this section; and

(2) When an action is brought by a party identified in subsection (d) of
section 501, the remedies provided by sections 502 and 505, together
with any actual damages suffered by such party as a result of the
infringement, and the remedy provided by subsection (b) of this section.

(b) In any action filed pursuant to section 111(c)(3), the court may
decree that, for a period not to exceed thirty days, the cable system
shall be deprived of the benefit of a statutory license for one or more
distant signals carried by such cable system.

Section 511. Liability of States, instrumentalities of States, and State
officials for infringement of copyright [8]

(a) In General. Any State, any instrumentality of a State, and any
officer or employee of a State or instrumentality of a State acting in
his or her official capacity, shall not be immune, under the Eleventh
Amendment of the Constitution of the United States or under any other
doctrine of sovereign immunity, from suit in Federal Court by any
person, including any governmental or nongovernmental entity, for a
violation of any of the exclusive rights of a copyright owner provided
by sections 106 through 121, for importing copies of phonorecords in
violation of section 602, or for any other violation under this title.

(b) Remedies. In a suit described in subsection (a) for a violation
described in that subsection, remedies (including remedies both at law
and in equity) are available for the violation to the same extent as
such remedies are available for such a violation in a suit against any
public or private entity other than a State, instrumentality of a State,
or officer or employee of a State acting in his or her official
capacity. Such remedies include impounding and disposition of infringing
articles under section 503, actual damages and profits and statutory
damages under section 504, costs and attorney's fees under section 505,
and the remedies provided in section 510.

Section 512. Limitations on liability relating to material online [9]

(a) Transitory Digital Network Communications. A service provider shall
not be liable for monetary relief, or, except as provided in subsection
(j), for injunctive or other equitable relief, for infringement of
copyright by reason of the provider's transmitting, routing, or
providing connections for, material through a system or network
controlled or operated by or for the service provider, or by reason of
the intermediate and transient storage of that material in the course of
such transmitting, routing, or providing connections, if-

(1) the transmission of the material was initiated by or at the
direction of a person other than the service provider;

(2) the transmission, routing, provision of connections, or storage is
carried out through an automatic technical process without selection of
the material by the service provider;

(3) the service provider does not select the recipients of the material
except as an automatic response to the request of another person;

(4) no copy of the material made by the service provider in the course
of such intermediate or transient storage is maintained on the system or
network in a manner ordinarily accessible to anyone other than
anticipated recipients, and no such copy is maintained on the system or
network in a manner ordinarily accessible to such anticipated recipients
for a longer period than is reasonably necessary for the transmission,
routing, or provision of connections; and

(5) the material is transmitted through the system or network without
modification of its content.

(b) System Caching.

(1) Limitation on Liability. A service provider shall not be liable for
monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the intermediate and temporary storage of material on a system
or network controlled or operated by or for the service provider in a
case in which-

(A) the material is made available online by a person other than the
service provider;

(B) the material is transmitted from the person described in
subparagraph (A) through the system or network to a person other than
the person described in subparagraph (A) at the direction of that other
person; and

(C) the storage is carried out through an automatic technical process
for the purpose of making the material available to users of the system
or network who, after the material is transmitted as described in
subparagraph (B), request access to the material from the person
described in subparagraph (A), if the conditions set forth in paragraph
(2) are met.

(2) Conditions. The conditions referred to in paragraph (1) are that-

(A) the material described in paragraph (1) is transmitted to the
subsequent users described in paragraph (1)(C) without modification to
its content from the manner in which the material was transmitted from
the person described in paragraph (1)(A);

(B) the service provider described in paragraph (1) complies with rules
concerning the refreshing, reloading, or other updating of the material
when specified by the person making the material available online in
accordance with a generally accepted industry standard data
communications protocol for the system or network through which that
person makes the material available, except that this subparagraph
applies only if those rules are not used by the person described in
paragraph (1)(A) to prevent or unreasonably impair the intermediate
storage to which this subsection applies;

(C) the service provider does not interfere with the ability of
technology associated with the material to return to the person
described in paragraph (1)(A) the information that would have been
available to that person if the material had been obtained by the
subsequent users described in paragraph (1)(C) directly from that
person, except that this subparagraph applies only if that technology-

(i) does not significantly interfere with the performance of the
provider's system or network or with the intermediate storage of the
material;

(ii) is consistent with generally accepted industry standard
communications protocols; and

(iii) does not extract information from the provider's system or network
other than the information that would have been available to the person
described in paragraph (1)(A) if the subsequent users had gained access
to the material directly from that person;

(D) if the person described in paragraph (1)(A) has in effect a
condition that a person must meet prior to having access to the
material, such as a condition based on payment of a fee or provision of
a password or other information, the service provider permits access to
the stored material in significant part only to users of its system or
network that have met those conditions and only in accordance with those
conditions; and

(E) if the person described in paragraph (1)(A) makes that material
available online without the authorization of the copyright owner of the
material, the service provider responds expeditiously to remove, or
disable access to, the material that is claimed to be infringing upon
notification of claimed infringement as described in subsection (c)(3),
except that this subparagraph applies only if-

(i) the material has previously been removed from the originating site
or access to it has been disabled, or a court has ordered that the
material be removed from the originating site or that access to the
material on the originating site be disabled; and

(ii) the party giving the notification includes in the notification a
statement confirming that the material has been removed from the
originating site or access to it has been disabled or that a court has
ordered that the material be removed from the originating site or that
access to the material on the originating site be disabled.

(c) Information Residing on Systems or Networks at Direction of Users.

(1) In General. A service provider shall not be liable for monetary
relief, or, except as provided in subsection (j), for injunctive or
other equitable relief, for infringement of copyright by reason of the
storage at the direction of a user of material that resides on a system
or network controlled or operated by or for the service provider, if the
service provider-

(A)(i) does not have actual knowledge that the material or an activity
using the material on the system or network is infringing;

(ii) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or

(iii) upon obtaining such knowledge or awareness, acts expeditiously to
remove, or disable access to, the material;

(B) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and

(C) upon notification of claimed infringement as described in paragraph
(3), responds expeditiously to remove, or disable access to, the
material that is claimed to be infringing or to be the subject of
infringing activity.

(2) Designated Agent. The limitations on liability established in this
subsection apply to a service provider only if the service provider has
designated an agent to receive notifications of claimed infringement
described in paragraph (3), by making available through its service,
including on its website in a location accessible to the public, and by
providing to the Copyright Office, substantially the following
information:

(A) the name, address, phone number, and electronic mail address of the
agent.

(B) other contact information which the Register of Copyrights may deem
appropriate.

The Register of Copyrights shall maintain a current directory of agents
available to the public for inspection, including through the Internet,
in both electronic and hard copy formats, and may require payment of a
fee by service providers to cover the costs of maintaining the
directory.

(3) Elements of Notification.

(A) To be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the designated
agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site.

(iii) Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted.

(v) A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.

(B)(i) Subject to clause (ii), a notification from a copyright owner or
from a person authorized to act on behalf of the copyright owner that
fails to comply substantially with the provisions of subparagraph (A)
shall not be considered under paragraph (1)(A) in determining whether a
service provider has actual knowledge or is aware of facts or
circumstances from which infringing activity is apparent.

(ii) In a case in which the notification that is provided to the service
provider's designated agent fails to comply substantially with all the
provisions of subparagraph (A) but substantially complies with clauses
(ii), (iii), and (iv) of subparagraph (A), clause (i) of this
subparagraph applies only if the service provider promptly attempts to
contact the person making the notification or takes other reasonable
steps to assist in the receipt of notification that substantially
complies with all the provisions of subparagraph (A).

(d) Information Location Tools. A service provider shall not be liable
for monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the provider referring or linking users to an online location
containing infringing material or infringing activity, by using
information location tools, including a directory, index, reference,
pointer, or hypertext link, if the service provider-

(1)(A) does not have actual knowledge that the material or activity is
infringing;

(B) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or

(C) upon obtaining such knowledge or awareness, acts expeditiously to
remove, or disable access to, the material;

(2) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and

(3) upon notification of claimed infringement as described in subsection
(c)(3), responds expeditiously to remove, or disable access to, the
material that is claimed to be infringing or to be the subject of
infringing activity, except that, for purposes of this paragraph, the
information described in subsection (c)(3)(A)(iii) shall be
identification of the reference or link, to material or activity claimed
to be infringing, that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the service
provider to locate that reference or link.

(e) Limitation on Liability of Nonprofit Educational Institutions. (1)
When a public or other nonprofit institution of higher education is a
service provider, and when a faculty member or graduate student who is
an employee of such institution is performing a teaching or research
function, for the purposes of subsections (a) and (b) such faculty
member or graduate student shall be considered to be a person other than
the institution, and for the purposes of subsections (c) and (d) such
faculty member's or graduate student's knowledge or awareness of his or
her infringing activities shall not be attributed to the institution,
if-

(A) such faculty member's or graduate student's infringing activities do
not involve the provision of online access to instructional materials
that are or were required or recommended, within the preceding 3-year
period, for a course taught at the institution by such faculty member or
graduate student;

(B) the institution has not, within the preceding 3-year period,
received more than 2 notifications described in subsection (c)(3) of
claimed infringement by such faculty member or graduate student, and
such notifications of claimed infringement were not actionable under
subsection (f); and

(C) the institution provides to all users of its system or network
informational materials that accurately describe, and promote compliance
with, the laws of the United States relating to copyright.

(2) For the purposes of this subsection, the limitations on injunctive
relief contained in subsections (j)(2) and (j)(3), but not those in (j)
(1), shall apply.

(f) Misrepresentations. Any person who knowingly materially
misrepresents under this section-

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or
misidentification,

shall be liable for any damages, including costs and attorneys' fees,
incurred by the alleged infringer, by any copyright owner or copyright
owner's authorized licensee, or by a service provider, who is injured by
such misrepresentation, as the result of the service provider relying
upon such misrepresentation in removing or disabling access to the
material or activity claimed to be infringing, or in replacing the
removed material or ceasing to disable access to it.

(g) Replacement of Removed or Disabled Material and Limitation on Other
Liability.

(1) No Liability for Taking Down Generally. Subject to paragraph (2), a
service provider shall not be liable to any person for any claim based
on the service provider's good faith disabling of access to, or removal
of, material or activity claimed to be infringing or based on facts or
circumstances from which infringing activity is apparent, regardless of
whether the material or activity is ultimately determined to be
infringing.

(2) Exception. Paragraph (1) shall not apply with respect to material
residing at the direction of a subscriber of the service provider on a
system or network controlled or operated by or for the service provider
that is removed, or to which access is disabled by the service provider,
pursuant to a notice provided under subsection (c)(1)(C), unless the
service provider-

(A) takes reasonable steps promptly to notify the subscriber that it has
removed or disabled access to the material;

(B) upon receipt of a counter notification described in paragraph (3),
promptly provides the person who provided the notification under
subsection (c)(1)(C) with a copy of the counter notification, and
informs that person that it will re-place the removed material or cease
disabling access to it in 10 business days; and

(C) replaces the removed material and ceases disabling access to it not
less than 10, nor more than 14, business days following receipt of the
counter notice, unless its designated agent first receives notice from
the person who submitted the notification under subsection (c)(1)(C)
that such person has filed an action seeking a court order to restrain
the subscriber from engaging in infringing activity relating to the
material on the service provider's system or network.

(3) Contents of Counter Notification. To be effective under this
subsection, a counter notification must be a written communication
provided to the service provider's designated agent that includes
substantially the following:

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a
statement that the subscriber consents to the jurisdiction of Federal
District Court for the judicial district in which the address is
located, or if the subscriber's address is outside of the United States,
for any judicial district in which the service provider may be found,
and that the subscriber will accept service of process from the person
who provided notification under subsection (c)(1)(C) or an agent of such
person.

(4) Limitation on Other Liability. A service provider's compliance with
paragraph (2) shall not subject the service provider to liability for
copyright infringement with respect to the material identified in the
notice provided under subsection (c)(1)(C).

(h) Subpoena to Identify Infringer.

(1) Request. A copyright owner or a person authorized to act on the
owner's behalf may request the clerk of any United States district court
to issue a subpoena to a service provider for identification of an
alleged infringer in accordance with this subsection.

(2) Contents of Request. The request may be made by filing with the
clerk-

(A) a copy of a notification described in subsection (c)(3)(A);

(B) a proposed subpoena; and

(C) a sworn declaration to the effect that the purpose for which the
subpoena is sought is to obtain the identity of an alleged infringer and
that such information will only be used for the purpose of protecting
rights under this title.

(3) Contents of Subpoena. The subpoena shall authorize and order the
service provider receiving the notification and the subpoena to
expeditiously disclose to the copyright owner or person authorized by
the copyright owner information sufficient to identify the alleged
infringer of the material described in the notification to the extent
such information is available to the service provider.

(4) Basis for Granting Subpoena. If the notification filed satisfies the
provisions of subsection (c)(3)(A), the proposed subpoena is in proper
form, and the accompanying declaration is properly executed, the clerk
shall expeditiously issue and sign the proposed subpoena and return it
to the requester for delivery to the service provider.

(5) Actions of Service Provider Receiving Subpoena. Upon receipt of the
issued subpoena, either accompanying or subsequent to the receipt of a
notification described in subsection (c)(3)(A), the service provider
shall expeditiously disclose to the copyright owner or person authorized
by the copyright owner the information required by the subpoena,
notwithstanding any other provision of law and regardless of whether the
service provider responds to the notification.

(6) Rules Applicable to Subpoena. Unless otherwise provided by this
section or by applicable rules of the court, the procedure for issuance
and delivery of the subpoena, and the remedies for noncompliance with
the subpoena, shall be governed to the greatest extent practicable by
those provisions of the Federal Rules of Civil Procedure governing the
issuance, service, and enforcement of a subpoena duces tecum.

(i) Conditions for Eligibility.

(1) Accommodation of Technology. The limitations on liability
established by this section shall apply to a service provider only if
the service provider-

(A) has adopted and reasonably implemented, and informs subscribers and
account holders of the service provider's system or network of, a policy
that provides for the termination in appropriate circumstances of
subscribers and account holders of the service provider's system or
network who are repeat infringers; and

(B) accommodates and does not interfere with standard technical
measures.

(2) Definition. As used in this subsection, the term "standard technical
measures" means technical measures that are used by copyright owners to
identify or protect copyrighted works and-

(A) have been developed pursuant to a broad consensus of copyright
owners and service providers in an open, fair, voluntary, multi-industry
standards process;

(B) are available to any person on reasonable and nondiscriminatory
terms; and

(C) do not impose substantial costs on service providers or substantial
burdens on their systems or networks.

(j) Injunctions. The following rules shall apply in the case of any
application for an injunction under section 502 against a service
provider that is not subject to monetary remedies under this section:

(1) Scope of Relief. (A) With respect to conduct other than that which
qualifies for the limitation on remedies set forth in subsection (a),
the court may grant injunctive relief with respect to a service provider
only in one or more of the following forms:

(i) An order restraining the service provider from providing access to
infringing material or activity residing at a particular online site on
the provider's system or network.

(ii) An order restraining the service provider from providing access to
a subscriber or account holder of the service provider's system or
network who is engaging in infringing activity and is identified in the
order, by terminating the accounts of the subscriber or account holder
that are specified in the order.

(iii) Such other injunctive relief as the court may consider necessary
to prevent or restrain infringement of copyrighted material specified in
the order of the court at a particular online location, if such relief
is the least burdensome to the service provider among the forms of
relief comparably effective for that purpose.

(B) If the service provider qualifies for the limitation on remedies
described in subsection (a), the court may only grant injunctive relief
in one or both of the following forms:

(i) An order restraining the service provider from providing access to a
subscriber or account holder of the service provider's system or network
who is using the provider's service to engage in infringing activity and
is identified in the order, by terminating the accounts of the
subscriber or account holder that are specified in the order.

(ii) An order restraining the service provider from providing access, by
taking reasonable steps specified in the order to block access, to a
specific, identified, online location outside the United States.

(2) Considerations. The court, in considering the relevant criteria for
injunctive relief under applicable law, shall consider-

(A) whether such an injunction, either alone or in combination with
other such injunctions issued against the same service provider under
this subsection, would significantly burden either the provider or the
operation of the provider's system or network;

(B) the magnitude of the harm likely to be suffered by the copyright
owner in the digital network environment if steps are not taken to
prevent or restrain the infringement;

(C) whether implementation of such an injunction would be technically
feasible and effective, and would not interfere with access to
noninfringing material at other online locations; and

(D) whether other less burdensome and comparably effective means of
preventing or restraining access to the infringing material are
available.

(3) Notice and Ex Parte Orders. Injunctive relief under this subsection
shall be available only after notice to the service provider and an
opportunity for the service provider to appear are provided, except for
orders ensuring the preservation of evidence or other orders having no
material adverse effect on the operation of the service provider's
communications network.

(k) Definitions.

(1) Service Provider. (A) As used in subsection (a), the term "service
provider" means an entity offering the transmission, routing, or
providing of connections for digital online communications, between or
among points specified by a user, of material of the user's choosing,
without modification to the content of the material as sent or received.

(B) As used in this section, other than subsection (a), the term
"service provider" means a provider of online services or network
access, or the operator of facilities therefor, and includes an entity
described in subparagraph (A).

(2) Monetary Relief. As used in this section, the term "monetary relief"
means damages, costs, attorneys' fees, and any other form of monetary
payment.

(l) Other Defenses Not Affected. The failure of a service provider's
conduct to qualify for limitation of liability under this section shall
not bear adversely upon the consideration of a defense by the service
provider that the service provider's conduct is not infringing under
this title or any other defense.

(m) Protection of Privacy. Nothing in this section shall be construed to
condition the applicability of subsections (a) through (d) on-

(1) a service provider monitoring its service or affirmatively seeking
facts indicating infringing activity, except to the extent consistent
with a standard technical measure complying with the provisions of
subsection (i); or

(2) a service provider gaining access to, removing, or disabling access
to material in cases in which such conduct is prohibited by law.

(n) Construction. Subsections (a), (b), (c), and (d) describe separate
and distinct functions for purposes of applying this section. Whether a
service provider qualifies for the limitation on liability in any one of
those subsections shall be based solely on the criteria in that
subsection, and shall not affect a determination of whether that service
provider qualifies for the limitations on liability under any other such
subsection.

Section 513. Determination of reasonable license fees for individual
proprietors [10]

In the case of any performing rights society subject to a consent decree
which provides for the determination of reasonable license rates or fees
to be charged by the performing rights society, notwithstanding the
provisions of that consent decree, an individual proprietor who owns or
operates fewer than 7 non-publicly traded establishments in which
nondramatic musical works are performed publicly and who claims that any
license agreement offered by that performing rights society is
unreasonable in its license rate or fee as to that individual
proprietor, shall be entitled to determination of a reasonable license
rate or fee as follows:

(1) The individual proprietor may commence such proceeding for
determination of a reasonable license rate or fee by filing an
application in the applicable district court under paragraph (2) that a
rate disagreement exists and by serving a copy of the application on the
performing rights society. Such proceeding shall commence in the
applicable district court within 90 days after the service of such copy,
except that such 90-day requirement shall be subject to the
administrative requirements of the court.

(2) The proceeding under paragraph (1) shall be held, at the individual
proprietor's election, in the judicial district of the district court

Book of the day: